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Dwayne B., Lawyer

Category: Employment Law

Satisfied Customers: 33554

Experience: Employment Law Expert

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M daughter worked lukes a year, got married and moved to

Customer Question

M daughter worked for St lukes for over a year, got married and moved to Baker Oregon. She went to work for at a councleing center for alcohol and drugs. She was contacted by St Lukes in Oregon as they wanted her to work for them. Instead of a new hire they put her in as a transfer. Her first day there they came into her office, took her badge and walked her off the property with out telling her why. The job she had is now gone. The following day they told her she had an assult with a deadly wepon(gun) with intent to murder out of Florida. That person isn't her. She has never been there,and wouldn't hurt a fly. What are our options in this case?

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Now she is out of a job at no fault of hers. Someone screwed up, which I believe would be the justice system followed by St Lukes accepting and acting on false information. My Daughter Nikki is out of a job and I feel she deserves some compensation to help her through. I don't know what steps to take or if I should.

Idaho, like most other states, is what is known as an employment at will state which means than an employer is not required to hold a job for someone or even to follow through with a job offer unless the offer is a formal contract. The only exceptions to this are that they aren't allowed to change their minds due to race, age, etc.. However, they can change their mind for no reason or even for an incorrect reason.

In your daughter's case, the first thing she needs to do is take all of the paperwork, including the "regular employment page" and any emails, etc. to a local employment lawyer and have them look the documents over to see if they can be construed as forming a "written contract of employment". If they can then the lawyer will have to look at the exact terms of the contract to see whether St Lukes violated them to see whether a lawsuit against them is possible.

There is another potential lawsuit and that would be against whoever provided them the information that stated she had the criminal records from Florida. There is a potential lawsuit against that entity for providing incorrect information. The lawsuit may be for a breach of contract (with your daughter claiming she is a third party beneficiary of the contract to provide the information), negligence, or possibly interference with a contractual relationship. If she decides she wants to pursue this route then she will need to get a lawyer to write St Lukes a letter asking them who provided the information. If they won't provide a response then the only other thing she can do is to file a lawsuit and seek discovery of that information.

However, there is nothing that can be done that is fast or other than the things I have described.

She can likely collect unemployment in this situation even though she will probably be denied on the initial application. Even though she quite her previous job, she did so thinking she had this one and she can essentially claim on appeal that St Lukes "construcively terminated" her.